Section 278 of BNS : Section 278: Sale of drug as a different drug or preparation.

Explanation using Example

Example 1:

Ravi owns a small pharmacy in Mumbai. He runs out of a popular antibiotic, Amoxicillin, but still has a stock of a different antibiotic, Ciprofloxacin. A customer comes in asking specifically for Amoxicillin. Knowing that Ciprofloxacin is not the same as Amoxicillin, Ravi decides to sell Ciprofloxacin to the customer, falsely claiming it is Amoxicillin. Under Section 278 of The Bharatiya Nyaya Sanhita 2023, Ravi can be punished with imprisonment for up to six months, a fine up to five thousand rupees, or both, for selling a drug as a different drug.

Example 2:

Dr. Mehta, a doctor in Delhi, runs a small clinic and dispensary. He runs out of a specific painkiller, Paracetamol, but has a stock of Ibuprofen. When a patient comes in with a prescription for Paracetamol, Dr. Mehta knowingly gives the patient Ibuprofen instead, claiming it is Paracetamol. Under Section 278 of The Bharatiya Nyaya Sanhita 2023, Dr. Mehta can be punished with imprisonment for up to six months, a fine up to five thousand rupees, or both, for issuing a drug as a different drug from his dispensary.